Terms and Conditions for Knife Provisions

§ 1 General, Scope of Application

(1) These Terms and Conditions (hereinafter referred to as “T&Cs”) apply to all orders placed by customers (hereinafter referred to as “Customer(s)”) with the operator of knifeprovisions.com (hereinafter referred to as “we”, “us”, or “the Seller”) via the online shop available at knifeprovisions.com. Deviating terms and conditions of the Customer shall not apply, unless we have expressly agreed to their validity in writing.

(2) A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of Contract

(1) The product presentations on our website do not constitute legally binding offers, but rather an invitation to the Customer to submit an offer (invitatio ad offerendum).

(2) The Customer can add one or more products to the shopping cart. Within the shopping cart, the selection can be corrected. The order process is concluded by clicking the button “Order with obligation to pay” or a similarly worded button. Before submitting the order, the Customer can review and change all input data at any time. The order represents a binding offer to conclude a purchase contract for the goods in the shopping cart.

(3) We will then send the Customer an automatic order confirmation by email, which documents that we have received the order and lists its details. This automatic order confirmation does not yet constitute acceptance of the offer. The purchase contract is only concluded when we dispatch the ordered goods and send a separate shipping confirmation email, or when we explicitly declare acceptance in a text form (e.g., via email).

(4) If the ordered product is not available, despite diligent procurement efforts, we are entitled to withdraw from the contract. In this case, we will inform the Customer immediately and, if applicable, refund any payments already made without delay.

(5) Only the English language is available for the conclusion of the contract.

§ 3 Right of Retention, Reservation of Title

(1) The Customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 4 Liability for Defects (Warranty)

(1) Statutory liability for defects shall apply, unless otherwise stipulated below.

(2) For entrepreneurs, the statutory period for claims based on material defects is reduced to one year from delivery. This reduction does not apply to claims for damages by the entrepreneur due to injury to life, body, health or due to a breach of essential contractual obligations (cardinal obligations), as well as to claims based on an intentional or grossly negligent breach of duty by us or our vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The statutory provisions on the suspension of the statute of limitations and the recommencement of limitation periods remain unaffected.

(3) If the Customer is an entrepreneur, the obligation to inspect the goods and give notice of defects pursuant to § 377 of the German Commercial Code (HGB) applies. If the Customer fails to properly notify a defect, the goods shall be deemed approved.

(4) If a defect is present, the Customer can initially demand subsequent performance (repair or replacement delivery). We are entitled to choose the type of subsequent performance. The right to refuse subsequent performance under the statutory conditions remains reserved. We may also refuse subsequent performance if it is only possible at disproportionate cost.

(5) If the subsequent performance has failed or is unreasonable for the Customer, or if we have refused subsequent performance, the Customer may withdraw from the contract or reduce the purchase price.

(6) Claims for damages by the Customer based on a defect exist only in accordance with § 7 and are otherwise excluded.

§ 5 Choice of Law

(1) For consumers, this contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict of laws provisions.

(2) If the Customer is not a consumer but has their habitual residence in a country that is a member state of the European Union, the applicability of mandatory provisions of that country remains unaffected.

§ 6 Place of Jurisdiction

(1) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the Customer is our registered office.

(2) The same applies if the Customer does not have a general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the lawsuit is filed.

§ 7 Liability

(1) We are liable for damages, regardless of the legal grounds, within the scope of fault-based liability for intent and gross negligence. In the case of simple negligence, we shall only be liable, subject to statutory limitations of liability, for damages resulting from injury to life, body, or health, and for damages resulting from the breach of a material contractual obligation (cardinal obligation). Cardinal obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

(2) The limitations of liability set out in paragraph 1 also apply to breaches of duty by or in favor of persons for whose fault we are responsible according to statutory provisions.

(3) Where our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives, and vicarious agents.

§ 8 Contractual Language, Contract Text storage

The contract language is English. We store the contract text and send the order data and our T&Cs to the Customer by email. The T&Cs can also be viewed online at knifeprovisions.com at any time. Past orders can be viewed by the Customer in their password-protected customer account.

§ 9 Final Provisions

(1) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if available. Insofar as this would represent an unreasonable hardship for one party, the contract shall become ineffective in its entirety.

(2) The European Commission provides an online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.